Sec. 4-96. - Approval, revocation and denial of permits.

(a)

Action on Applications—Supervision of Existing Permits—Denial or Revocation of Permit. The picture arcade commission shall grant a permit to any applicant therefor unless it makes, after hearing, one or both of the written findings set forth below in which case the permit may be denied or an outstanding permit revoked:

(1)

That the permittee or applicant for a permit made one or more false, misleading, or fraudulent statements in the permit application;

(2)

That the business establishment for which a permit is sought or is held fails to meet the operating requirements set forth in Section 4-94;

(3)

With respect to the revocation of a permit only, that permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation, to be committed in the picture arcade, or has knowingly permitted or allowed the picture arcade to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur.

(b)

Notice and Hearing. Prior to taking action under Section 4-96(a), the picture arcade commission shall provide the permit applicant or permittee with notice of hearing as required by Section 4-93(c).

(c)

Hearing.

(1)

Following notice as provided in Section 4-96(b), the picture arcade commission or a person designated by the picture arcade commission as a hearing officer shall convene a hearing.

(2)

At the hearing, the sheriff shall present his report and the applicant or permittee and interested parties shall be heard. In addition, the picture arcade commission or the hearing officer may receive and consider any other evidence relevant to the issue; provided, that the applicant or permittee shall be given a reasonable opportunity to respond to all such evidence prior to the close of the hearing.

(d)

Notice of Decision.

(1)

Within thirty (30) days after the conclusion of the hearing, the picture arcade commission shall decide the matter and the sheriff shall mail a notice of decision to the applicant or permittee. The notice shall be in writing and shall state the decision as well as findings of fact which support the decision. Any decision to deny or revoke a permit must be based upon one or more of the causes specified in Section 4-96.

(2)

The determination contained in the notice of decision shall be final. (Added during 4-96 supplement.)